Product Liability Lawyer in Toronto & the GTA

If you were injured by an unsafe or defective product in Ontario, you may have a claim against those responsible for it, which can include the manufacturer, distributor, or retailer. These claims are usually based on negligence, and the general deadline to sue is two years from when you discovered the claim.

Products we rely on every day, from vehicles and appliances to medical devices and medications, are expected to be reasonably safe when used as intended. When a product is poorly designed, badly made, or sold without adequate warnings, the people responsible for putting it into the market can be held accountable for the resulting injuries.

Types of product defects

In short: product claims usually fall into three groups — a design that is unsafe even when made correctly, a manufacturing flaw that makes a particular item dangerous, or a failure to warn about risks or give proper instructions.

• Design defects, where the product is unsafe by design even if made exactly as intended.
• Manufacturing defects, where something went wrong in making a particular unit, making it dangerous.
• Failure to warn, where the product lacked adequate warnings or instructions about a known risk.

Who can be held responsible

Depending on the product and the defect, responsibility can extend along the chain that brought the product to you, including the manufacturer, a component maker, the distributor, and sometimes the retailer. Pharmaceutical and medical-device cases can involve additional parties and specialized evidence. Identifying every responsible party early helps protect the claim.

What these claims involve

Product liability claims in Ontario are generally based on negligence, which means showing that those responsible failed to take reasonable care and that this caused your injury. Evidence often includes the product itself, so keeping it and its packaging is important, along with records of how the injury happened and expert analysis of the defect.

Deadlines

The general limitation period to start a lawsuit is two years from the date you discovered, or reasonably should have discovered, the claim, under Ontario's Limitations Act, 2002. Because the cause of an injury is not always obvious at first, the discoverability rule can affect when the clock starts. Exceptions apply for minors and people under a disability.

How AK Lawyers handles product liability claims

AK Lawyers (Antonov Kaganovich LLP) is a Toronto personal injury firm acting for injured people, never for manufacturers or insurers. With product claims, our focus is on:

• Preserving the product and the evidence, which is often central to proving a defect.
• Identifying everyone responsible along the chain that brought the product to you.
• Retaining experts to analyze the defect and connect it to your injury.
• Preparing the file thoroughly, which supports fair negotiation. Most claims resolve before trial.
• Contingency fees — you don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also covers disbursements.

What to do if a product injured you

A few early steps can make a real difference to a product liability claim:

• Keep the product exactly as it is, along with its packaging, manuals, and receipts. Do not repair, alter, or discard it, since it is often the central evidence.
• Get medical attention and keep records linking your injury to the product.
• Photograph the product and your injuries, and note how the incident happened.
• Preserve proof of purchase and any communications with the seller or manufacturer.
• Check for recalls, but do not return or surrender the product to anyone before getting advice, as you may need it.

Examples of dangerous products

Product claims can arise from a wide range of items, including motor vehicles and auto parts, household appliances, children's products and toys, power tools and machinery, medical devices, and pharmaceuticals. Pharmaceutical and medical-device cases are often the most complex, because they can involve detailed scientific evidence and, sometimes, large numbers of affected people.

What compensation may cover

Compensation in a successful claim generally reflects your losses, including medical and rehabilitation costs, lost income, future care needs, and non-pecuniary damages for pain and suffering. The amount depends on the seriousness and lasting effect of the injury.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers represents people injured by unsafe products across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, Scarborough, Barrie, Richmond Hill, Aurora, and King City. Product liability lawsuits are generally brought in the Ontario Superior Court of Justice.

Frequently asked questions